Toronto Employment and Labour Law Blog: Ten Critical Employment Issues Every Employer Must Face - #5

Ten Critical Employment Issues Every Employer Must Face - #5 There’s no such thing as a free lunch … or a free chef. 

Your son comes home from university for the summer.  He’s been pounding the pavement and looking for work.  Four weeks later he tells you gleefully: “I just got a job at a restaurant.  Pass me my apron and Chef’s hat, I am going to be a short-order cook.”  

You respond positively and breathe a big sigh of relief.  You ask, “When do you start?”

Your son responds: “Immediately.   The ‘contract’ says I have to work for the first week (40) hours in  “training”.  As this first week is training, it is without pay.”

The ESA requires an employer to pay employees at least the minimum wage.  There are few and narrow exceptions for “training without pay”.  Generally, “training without pay” may only occur as part of an educational co-op or experiential learning program.   In other words, on the job training is on the job and therefore the worker must be compensated.

Failure to pay the minimum wage is bad for morale and will likely lead to unwanted media attention.  Few things give employers indigestion quicker than bad press.

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